beautiful son. >> how cute are they? >> thanks to all of them. log on for the after the show show. happy thanksgiving. >> happy thanksgiving. >> much more from our friends at bass pro shops in the after the show show. join us there. we'll have more recipes and the sale. >> a fox news alert, cheering and celebratory gunfire breaking out on the because saw strip -- gaza strip, residents there claiming victory. just hours now into a ceasefire that ends the worst fighting between israel and hamas in years, one gaza city resident saying the morning coffee even tastes different, feeling as if there's a brand new start. good morning and happy thanks giving, i'm gregg jarrett in for bill hemmer. >> and i'm iowansly err hart. secretary clinton is telling us the international community will

do its to make things better for both sides. >> the united states will work with partners across the region to consolidate this progress, improve conditions for the people of gaza, provide security for the people of israel. gregg: leland vittert is live in southern israel with the latest. leland? >> reporter: good morning, gregg. there's sort of a cold rain that has descended here on southern israel, but all is quiet on the southern front. the only sounds we are hearing is the tanks and the armored personnel carriers that the israeli army brought out to possibly launch a ground invasion of gaza now heading north, back to their bases. as life, at least a little bit, begins to return to normal. for the past eight days, we've been at this shopping center. it was deserted. now you can barely find a place to park as israelis begin to try

to put their lives back together. >> of course, i feel better. i haven't left the house in two weeks. >> we can go out and do whatever we want. >> reporter: these are one are among the one million who escaped the random destruction and death that rained down. >> we want to be at home, we want to normal, we want to start again. [laughter] they need to go to school and kindergarten. >> reporter: with the ceasefire, they're heading home and buying groceries to restock the fridge, hopeful their kids will now be able to sleep through the night. this restaurant was the last stop for soldiers heading towards the gaza border. israel called up 40,000 reservists, mobilized or infantry, and hundreds if not thousands of tanks. now this place serves as a place for soldiers to relax, have a cigarette and a cup of coffee as they realize they'll be going

home for the weekend rather than going to war. through the night celebrations continued in gaza where hamas and islamic jihad declared victory. they will have to begin rebuilding, more than 1500 targets were destroyed, fission to weapons facilities -- in addition to weapons facilities. and a lot of times with these ceasefires it takes a couple of days for them to set in, but observers here have said it's remarkable how quickly this whole ceasefire has come together. since 9 p.m. last night, only a couple of rockets have flown out, and so far it looks like both sides are keeping their promises. back to you in new york. gregg: leland, what's iran's role in all of this? >> reporter: well, that's really the million dollar question many terms of how this is going to work going forward, because iran used to supply hamas. they now certainly supply islamic jihad, and for so long we talked about those missiles that flew to tel aviv.

those were iranian-made missiles, and a big part of the ceasefire was pressure put on egypt to stop the smuggling tunnels. the question is whether iran will continue to keep smuggling weapons in, that's most likely a yes. number three, will the egyptians stop it, and number three, will islamic jihad listen to hamas and stop the rocket fire or will they continue to cause problems here for israel. back to you. gregg: leland vittert, thanks very much. so will the ceasefire hold? what does this mean for hillary clinton and her shuttle diplomacy? general jack keane advised hillary clinton for many, many years, he will join us in just a couple of minutes. >> meanwhile, a trio of u.s. warships sent to the eastern mediterranean area just in case americans need to be evacuated out of israel. the ships were due to return to norfolk, virginia, but their homecoming will be a bit delayed by at least several days. reports say these ships would

not play a combat role and would only be used to help americans in that area. they can also serve as floating hospitals if need be. susan rice now breaking her silence and defending her comments on the benghazi terror attacks just days after the raid on the u.s. consulate which ended with the murder of our ambassador to libya and three other americans. ambassador rice went on all five sunday shows and said the attack grew out of a spontaneous protest over an anti-muslim film. now rice is saying those remarks were based on intelligence she was given. national security correspondent jennifer griffin is live in washington with the latest for us. who is ambassador rice saying gave her those talking points? >> good morning. she's not saying specifically, but she again defended her initial statements that a youtube video sparked a riot at the benghazi consulate saying the information she relayed was given to her by the intelligence

community. former cia director david petraeus told closed intelligence hearings last friday that the intelligence community knew almost immediately that it was a terrorist attack that had little to do with a video even though he told lawmakers on september 14th that a video had sparked the attack. >> when discussing the attacks against our facilities in benghazi, i relied solely and squarely on the information provided to me by the intelligence community. i made clear that the information was preliminary and that our investigations would give us the definitive answers. >> reporter: senator john mccain and others would like for james clapper to return to capitol hill to explain why he told them that he did not know who changed the intelligence talking points. sean turner says it clapper's on agency. >> she made these statements last night, the eve of

thanksgiving, people are cooking, why are we just now hearing from her ten weeks after the attack? >> reporter: essentially, because it's increasingly clear that the president wants to nominate her to be his next secretary of state despite strong republican objections. >> i have great respect for senator mccain and his service to our country. i always have, and i always will. um, i do think that some of the statements he's made about me have been unfounded, but i look forward to having the opportunity at the appropriate time to discuss all of this with him. >> reporter: meanwhile, any attempt to hold the perpetrators to account stalled. few suspects have been named or questioned, and gunmen walk free in benghazi. and yesterday the national security chief in benghazi was killed by three gunmen as he returned home from work. he may have had information about who was behind the attack on those four americans. >> okay, jennifer, thanks so much for all that information. so does ambassador rice's

explanation end the controversy over her initial remarks? we'll debate that issue fair and balanced. gregg: if you love twinkies, sorry, brace yourself for this one. time has run out for america's iconic company. bankruptcy judge now ruling to begin the shutting-down process of hostess, the maker of twinkies and ho-hos and all that great stuff, the other tasty treats, after a big dispute, a prolonged one between the company and its union workers. lauren simonetti is with us now. >> reporter: good morning. gregg: lauren, what's the future of hostess right now in. >> reporter: well, they are liquidating. that process is going to take about four weeks, and we'll see about 15,000 workers lose their jobs, unfortunately. now, there's still time. this is a successful compthe see popular, so we could see someone come in and buy ho-hos, dig dongs, zingers, you name it.

$2.5 billion a year, and we're talking about it so much that you have to imagine someone is going to say, okay, let's do this. so these are some of the potential buyers. and by the way, investment wangers for hostess -- bankers for hostess say they've gotten dozens of times in recent days from potential buyers. metropolis, this is the owner of pabst blue rib bonn beer -- ribbon beer. also the owner of tasty craig and nature's own, so these are some of the names that are being tossed in the mix. gregg: we're talking about thousands of folks, are they out of luck and jobs heading into christmas? >> reporter: yeah, and it's thanksgiving, so nobody knows wants to see this. 3200 will be kept on to help wind down the company, that is the good news. some will be kept for at least a short time, and the rest it depends on who buys the company and how they do it.

they might just absorb the brand into their current operations and not need the workers, or if they do need them, it's just going to be a very few number here. gregg: lauren, is there a sense at least among some of the workers that sit around and collect a government check instead of getting a real paycheck and having to work for it if. >> reporter: we've heard these sound bites from some of the bakers' union, they represent about 30% of hostess' 18,500 workers. they would not free to those wage and pension benefit cuts. you have to think if they're on unemployment, that's about $300 a week. times that by the typical 79 weeks, that's half a billion that the american taxpayer will be paying for these folks to be on unemployment. gregg: well, i don't know what i'm going to do is i can't stick in a straw and suck out the filling from a twinkie. >> reporter: someone's going

to buy them, i wouldn't worry. gregg: thanks very much. employees at wal-mart striking, part of a national campaign aimed at pressuring walmart to pay its workers more money. the peaceful protests spilled inside of certain store locations at times, but employees say their demands are really quite simple. take a listen. >> we deserve more, and i believe walmart should pay us more. >> walmart has the right to make money, but they shouldn't do that in an unjust fashion. they should make sure that their employees are paid fairly and justly and don't live on the edge of desperation. gregg: and from the walmart retail giant to a major u.s. airport. union workers hitting management where it hurts, protesting at the airport on the busiest travel day of the year. and at wal-mart, of course, on the busiest shopping day of the year. why the unions are suddenly now flexing their muscle. we may have some answers for

you. >> plus, hundreds of volunteers helping sandy victims this thanksgiving. we're live in one of the hardest-hit areas. gregg: and the bombings may have stopped, but how strong is this truce? is it really a truce? will it last for very long? retired four-star general jack keane will be with us in a moment. >> today maybe they won't fire. tomorrow maybe not, but next week, next year, next month? it will come eventually. americans are always ready to work hard for a better future.

since ameriprise financial was founded back in 1894, they've been committed to putting clients first. helping generations through tough times. good times. never taking a bailout. there when you need them. helping millions of americans over the centuries. the strength of a global financial leader. the heart of a one-to-one relationship. together for your future.

♪ looking back if it wasn't for shriners hospital,. together for your future. things would just be really, really different. i lost my leg when i was a kid. there was a time when i felt like i wasn't going to be able to walk again... it was a pretty bad accident but shriners showed me who i could be again. they turned my whole life around. hunter's life is one of nearly a million changed by donations from people like you. send your love to the rescue. donate today.

gregg: it is a beautiful day in new york city this thanksgiving where the 86th annual macy's thanksgiving day parade set to get underway any moment. a live look at the big apple where this just outside the fox news world headquarters, millions of spectators are lined up along the parade route. event is packed with plenty of performances and celebratory appearances and santa claus, of course, is going to be out there. and we just got word the parade, for some odd reason, isn't on time, a bit delayed. supposed to begin at 9 a.m. eastern time, hasn't started, but a lot of anxious folks are willing to wait, clearly. ainsley: including us. maybe we can go out and watch it.

gregg: my wife and kids are in the building looking out the windows. ames iowans amendment thanksgiving, everybody. say hello to gray thursday. you might have to get used to that one. major retailers opening their doors tonight for early christmas bargains. check this out. folks already in line at this best buy for days in tents ready to spend their money. american shoppers spending $52 billion on black friday last year, 24% of shoppers saying they were at a store at midnight on black friday a year ago and up to 147 million people -- which is almost half of the american population -- planning to shop this black friday weekend as well. greg, are you one of those? gregg: oh, yes. i'll be out there. both sides picking up the pieces right now along the israel/gaza border after reaching a fragile truce deal. u.s. secretary of state hillary clinton negotiating that agreement between israel and hamas with the egyptian president yesterday.

retired four-star general jack keane is a former vice chief of staff of the army, he advised secretary clinton for many years, he is also a fox news military analyst. always a pleasure to have you with us. you know, ceasefires in that region of the world tend to be ephemeral. they don't last very long. what do you think of this one? >> well, i think it's pretty much the same. we haven't seen the last of hamas' rockets and missiles. it's tenuous at best. no one knows how long this thing will last. gregg: did secretary clinton's shuttle diplomacy from jerusalem to cairo prove pen official here? >> -- beneficial here in. >> yes, certainly. the administration deserves credit, to be sure, but it's not a major victory in the sense that we have a middle east peace which has been as elusive to this administration as it has been to the previous ones. but at the end of her reign as secretary of state, her tenure is coming to conclusion with

mounting criticism over benghazi and the lack of security, this certainly is a plus. gregg: are you surprised at how helpful the new islamist government of muhammad morsi really was in this process as a mediator standing up for the truce, probably pressuring hamas and, of course, their benefactor? are you surprised at what they did? yeah. i think it's a pleasant surprise. i mean, this is not the government we would have wanted in egypt post-mubarak because they are muslim brotherhood, and there's parts of the muslim brotherhood that is totally alien to us, the salafist movement which are radical islamists, but here he is openly sporting hamas, but at the same time brokering a deal. part of the motivation is the relationship with the united states, the aid that he receives from us on a regular basis -- gregg: 3.5 billion a year -- 1.5 billion a year. >> and i think a lot the

criticism will be sub sued. gregg: money often talks in that part of the world. egypt claims it has intercepted and stopped truckloads of missile warheads headed for gaza. is that a single sl jewish tear gesture or the real deal? >> they probably have, but this is the toughest part of the deal to monitor, and that is the smuggling of arms and munitions into gaza or through africa or originating mostly from iran. i mean, they'll say they're going to do it, they'll probably make some attempt to do it, but i think we've got to be honest with ourselves, they're still going to be smuggling arms and musicians -- munitions into gaza. gregg: the truce is being called a 24-hour cooling-off period to allow negotiations on the gaza border crossings which allegedly israel will begin to open up again. but israel simultaneously is insisting we are absolutely not going to lift the five-year-old

blockade, so what's the difference? >> well, they'll keep the blockade, but they'll remove some of the restrictions. gregg: the blockade is what exactly? >> the blockade has not been permitting goods to come into gaza and has not permitted any exports. i think they'll ease some of those restrictions in terms of what goods can come in and probably ease some of the opportunity for export which would improve the economy in gaza as well. gregg: general jack keane who advised hillary clinton, thanks very much. >> happy thanksgiving, gregg. gregg: you too, sir. ainsley: thanks, greging. we're now getting new reaction from jesse jackson jr. stepping down. we will have all those details. gregg: and workers protesting at the los angeles international airport. the busiest travel day of the year, why the unions are now choosing this time to flex its muscle.

>> happy thanksgiving, i love you, happy new year, and i'll be home soon. god bless. go, big red.

gregg: developing right now in "america's newsroom," the bbc getting a new boss, tapping tony hall to head the british television network. he is the current chief executive of the royal opera house. former french president nicolas sarkozy heads to court answering questions about suspicions he illegally accepted donations from france's richest

woman to fund his 2007 election. he denies the allegations. and the national park service says the statue of liberty, ellis island, both will not reopen to visit thers year. those sites have been closed for cleanup and repairs since superstorm sandy hit last month. >> right now as we prepare to gather around our din kerr tables, there are families in the northeast who don't have that luxury. many of them have lost everything to hurricane sandy; homes, possessions, even loved ones. and it will be a long time before life gets back to normal for them. but in the midst of so much tragedy, there are also glimmers of hope. ainsley: that's president obama in his thanksgiving address pointing to the hardships and the hope for so many individuals. their lives forever changed by the storm sandy as they begin that long road of recovery. anna coyman is live from far rockaway in queens right here in new york. anna, how are those folks

rebuilding and celebrating today? >> reporter: well, hey there, ainsley, happy thanksgiving to you and yours. for the 19th year, rock and wrap it up is here at first congregational church, joined by sid mandelbaum. good morning to you. >> good morning, and thanks so much for coming down this holiday. >> reporter: you're thinking a thousand this year? >> we are figuring over a thousand and, sadly, most of it is going to be takeout. even though we're set up with tables, the majority of people are very uncomfortable first-timers to sit with others, so we're going to make it easy for them and give them food to takeout. >> reporter: thank you so much and good luck to you today. ainsley, a lot of these volunteers actually live here and are really struggling themselves in their very own homes. ainsley: i know they are. i was out there last weekend too. it's just awful. thanks so much, anna. happy thanksgiving to you and to all of them out there. susan rice essentially throwing the intelligence community under the benghazi

bus. so is she bassing the what to make -- is she passing the buck? what to make of ambassador rice's ex her remarks on benghazi. does this end the controversy? we'll debate that. gregg: and a daughter's ultimate gift and a father's new lease on life. a story of giving you will not want to muss. want to miss. >> it's not easy. because i had to make a decision that no other man has ever made in the world before, to accept the heart of his daughter.

gregg: getting new retax today to that sudden resignation yesterday of jets see jackson junior. the 47-year-old quit two weeks after voters gave him a ninth term citing his treatment for bi-polar disorder and what he

calls, quote, his share of mistakes. this is what illinois lawmakers are saying. >> we think this is an unfortunate and sad day. >> i hate to use the the word lie, but every step of the way, every time i said something it turned out not to be the case. >> i would call on anybody who has any intentions of running, cool your jets, don't allow your blind a ambition to blind you to the real needs of the people. gregg: peter due doocy is live. >> he what's elected 15 days before before he resigned. they don't think he duped anyone into thinking that he would be back to serve any more time in d.c.

new congressman, who is the only person to beat barack obama in an election says it's time to send well wishess jackson's way. >> as a result of the resignation of representative jesse jackson junior, that america is losing out of the hauls o halls of congress one of its most able and articulate voices. >> it's so painful at this point for me not only to know that he won't be in the congress but to know that he is still struggling with a serious, very serious mental health issue. >> reporter: jackson was under investigation for skimming campaign funds to buy jewelry for a mysteries and remodel his house. in a letter to speaker john

boehner he said i am aware of the on going federal investigation into my activities. i am doing my best to cooperate with the investigators and accept responsibility for my mistakes. they are mine and mine alone. none of us isee tune from our share of short come eupblgs or human frai hume trail tees. gregg: explain what happens to his seat. >> reporter: we expect to have a date for a special election in four days. pat quinn will make sure th the election is fair and as economical as possible for the taxpayers who have to foot the bill. that being to you. gregg: thanks very much. ainsley: back to the breaking developments an on benghazi.

ambassador susan rice breaking her ten-week silence and defending her actions. when she said the attacks came from and anti-muslim film. >> i relied solely and scare leon the information provided to me by the intelligence community. i made clear that the information was preliminary, and that our investigations would give us th the definitive answers. ainsley: joining us for a fair & balanced debate, monica crowley, radio talk show host and doug schoen former adviser to bill clinton, both fox news contributors as well. monica i'll start with you. the eve of thanksgiving she is finally speaking out. she says she just repeated information given to her by the intelligence community so she is putting this all on intel now, is she passing the buck orr is

she accurate? >> well no of course she is passing the buck and this is what we have seen from this administration for a very longtime now, since the september 11th attacks in benghazi. the last time we heard from susan rice was september 15th when she went before the nation on five sunday morning shows with this fiction about a video inspiring these attacks. we now know it's not true, and we also now know the cia and other intelligence services know it was a terror attack related to al-qaida and its affiliates. we haven't heard from her in ten weeks times. that tells me she's been very busy trying to get her story straight as well as the rest of the administration's story straight. what you played there is a rea lawyer erred up statement. she is trying to protect her selfand her reputation because she would really love that

secretary of state job. ainsley: is she able to walk away now without taking responsibility for this. she says she didn't know much about the attack, she was resight what she was told to say. >> i don't think she is walking away, i think she is take a position that is very careful knee crafted and i think where monica ended is where i should start which is it's pretty clear that the president is considering susan rice very, very seriously for secretary of state. he made that clear in the press conference last we can and the fact she came out on the eve of thanksgiving saying what she did, carefully, artfully put is very important. you tie that into what administrator clapper's press spokesman said yesterday about any editing maybe having gone on inside the intelligence community, the white house and the administration are putting together a store row that i think will arguably be defensible from their point of

view, should she in fact be nominated, which i think will be the case. ainsley: let me talk about that with you. 97 republicans in the house sent president obama a letter saying they oppose that potential nomination. they say her comments were misleading statements, that they caused eery pair rabl damage to her credibility. do you think she should take over tore hillary clinton if hillary clinton decides tow resign? >> no i don't. the nomination is certainly the president's to make if he wants to choose to have that fight with the congress and the american people he's going to have a lot of explaining to do, so will she, so will the director of national intelligence, james clapper to which doug referred. clappers initial statement is we didn't have anything tow do with removing the language. then they come out, yes we did. they are all over the map. susan rice has serious explaining to do. you mentioned the 97 republicans if the house who have gone on

the record oppose her nomination as state, you have serious republicans in the u.s. senate like senator mccain and senator graham saying look we need a select committee along the lines of the watergate special committees, aeu to get answers here. we are still not clear. we are ten weeks later. we are still getting the runaway from the very highest officials in the administration. the only way we'll get answers is to have a bi-partisan and bicameral investigation that involves both houses. the senate and the house of representatives. ainsley: the senate just responded don't go after susan rice, go after me. why don't you go after me. what do you make of his timing about all this. >> it's very clear, he's saying i want to nominate susan rice. if you want to filibuster you take me on. i think the president will play chicken with senator graham and

senator mccain. there are clearly enough democratic votes in the senate about 55, i think she is confirmable. the question its will there be a filibuster and my guess is ultimately there will not. i think the president will get the secretary of state he wants. that will be regrettable, there is a lot to what monica is saying but this is where this is heading. ainsley: happy thanksgiving. you should be with your families. >> we are. >> we will. ainsley: thanks. gregg: it's calm and quite so far as we take a look at the gaza skyline after the u.s. and egypt negotiated a truce between israel and hamas terrorist organization. that is a live look eight. but will it hold? we are live in egypt with further details. ainsley: and the fight over a 60-year chri christmas tradition. atheists going off a nativity scene. how the judge ruled.

gregg: one father only alive today because of the heart given to him by his daughter. >> they all come in and says, dad, do it. so we called suzie the coordinator to tell her that i changed my mind, that we would accept patti's heart. at campbellskitchen.com. ♪ campbell's. it's amazing what soup can do. on black friday, it doesn'ty bird...or matter,liest bird? as long as we end up here at 5 a.m.,

or at homedepot.com, starting thursday. where prices have been cut, chopped, and sanded... on the most powerful tools that cut. ...chop... ...and sand. so we, or somebody on our list, can do the same. more saving. more doing. that's the power of the home depot. the early bird gets a special buy on a ryobi two-piece lithium-ion kit, just $99.

time for cii price rewind. because your daughter really wants that pink castle thing. and you really don't want to pay more than you have to. only citi price rewind automatically searches for the lowest price. and it finds one, you get refunded the difference. just use your citi card and register your purchase online. have a super sparkly day! ok. [ male announcer ] now all you need is a magic carriage. citi price rewind. buy now. save later.

ainsley: happy thanksgiving to you. you're looking at a live look at the 86th annual macy's thanksgiving parade. this is 6th afternoon. it came down the side of central park. you can see central park behind it that is central park south and now the parade is inching closer to fox news heading down avenue of the americas, also known as 6th avenue. you can see kermit the frog. behind kermit charlie brown with the football, the classic kicking the football. and then you see the turkey in the forefront. fox news is very close. gregg, hopefully we'll be able to get a chance to go out anxiety. your wife and kids are here. gregg: they are, charlie and the football are the story of my life. thousands of workers are protesting at the international airport. the union makers making it tough for families trying to go see their families. matt mccall president of the

penn financial group. the up side for the pros testers is they are getting a lot of media attention. the down saoeusd they ain' downside is they ain't making any friends out there. >> they are not making any friends. people having to drop off their family or children to college they are a mile away. there is no way they will make friends. can you imagine what it's like at walmart on a black friday, the lines? now you have protestors getting in your way, pickets getting in your way, you're not looking upon unions as helping out fellow americans. i think they are doing a disjustice to themselves by protesting this time of year. gregg: wh are the unions flexing their muscles now because of the election and re-election of president obama. >> it doesn't hurt when you have president obama buddy buddy with the union. you have the big man in charge in the white house on your side. your fight becomes a little bit easier when you go out there trying to get union into

walmart. we saw hostess earlier this week with the unions trying to flex their muscles. gregg: walmart work eurs don't want to be unionized they have consistently turned it back in the past, right? >> yes. gregg: the other is they say you walmart workers you don't get paid rel. well. i looked it up, the average pay for a walmart worker is 10, $11. that is not out of line with the industry. >> when you have 4.1 million workers throughout the country working fo work working for walmart. you have every union coming to walmart trying to wrangle them to join them because they will bring in billions of dollars. they'll have more money to push their candidates or ideas they

want to push upon you. i can see why unions are doing it but i can see why walmart workers are not joining the unions, i think a lot of them are happy. gregg: if they hated working at walmart there would be a high turn over rate. their turn over rate is below the average, which kind of suggests, hey i like walmart. >> i've been to walmart. it doesn't look like a sweatshop in there when i walk in. granted maybe the lower end workers at walmart don't have the opportunities to make $700,000 a year they probably they ever will, but people have to do this job, people have to check people out, people have to do inventory at walmart or any other stores and there are so many that fit that bill, the workers at walmart fit the people, they are paid accordingly. this they are not happy they can quit and get a job somewhere else. >> they have millions of customers, they enjoy the low-priced goods.

matt mccall, good to see you. ainsley: as americans gather around the dinner table on this thanksgiving a michigan man is offering up serious food for thought. he's encouraging familiar less to talk about or bega organ because he has a story to stair with us. mario deloof from our fox affiliate has the story. >> not eyes, because i had to make a decision that no other man has ever made in the world before, to accept the heart of his daughter. >> chester, now 76 years old. the heart of his youngest daughter patti now beating inside his chest for almost two decades. patricia a just 22 at the time died in a car accident while on a camping trip with friends in tennessee. the call from doctors wasn't good. >> don't bother coming down, death is just moments away. there isn't a pen or a pencil made that can write the words or lips that can describe the

situation when you get a call like that. >> patti never woke up from her coma, grief of her death took a toll on chester. he was in poor health on the heart transplant list for four years. but from this tragedy came a miracle. doctors told chester his daughter left her one final gift, she wanted her dad to have her heart. >> you could have knocked me over with a feather. is thissett ethical. every heart pete would remind me of patti, i turned her down. ainsley: but patti's mother and children came in and said, do it. >> we called the coordinator and told her i changed my mind that i would accept her heart.

ainsley: he spent the last 18 years giving speeches about the importance of being an organ donor. she gave her liver and kidneys which live on and her tissue went to burn kims. >> when patti looks down and sees all the good things she has done she has to be one of the happennist little angels. >> she is not forgotten. >> i wonder where patti's kids would fit in this scenario. i know her mother wonders too, who she would have married, what kind of wedding dress she would have had. you don't get over it. >> making the most of his new chance at life chester now spends hits time spreading cheers to other. selling christmas trees, wreaths, anything that will spread christmas spirit.

never missing a chance to tell his story. when he doesn't have the words, he asks patti. >> make me an effective speaker, getting things across without being rude, be factual. i think she's done a good job. ainsley: how do you even react to that story. gregg: it's a wonderful legacy for patti and important subject that people ream i need to ser to seriously consider and take action on. ainsley: if anything happened to me it would be a pleasure for me to give my heart to my father so he could have a few more years with my brothers and sisters. gregg: new regulations with the president's healthcare law. it's going to take effect. doctor siegel will tell us what it means for you and for people everywhere. ainsley: one city is no longer allowing nativity scenes at a park.

you can't argue with nutrition you can see. great grains. great grains cereal starts whole and stays whole. see the seam? more pcessed flakes look nothing like natural grains. i'm eating what i kn is better nutrition. mmmm. great grains. search great grains and see for yourself. and with my bankamericard cash rewards credit card, i love 'em even more. i earn 1%h back everywhere, ry time. 2% on groceries. i earn 3% ogas. everywhere, rautomatically. no hoops to jump through. that's 1% back on... [ toy robot sounds ] 2% on pumpkin pie. and apple.

3% back on 4 trips to the airport. it's as easy as... -[ man ] 1... -[ woman ] 2... [ woman ] 3. [ male announcer ] the bankamericard cash rewards card. apply online or at a bank of america near you.

gregg: our troops overseas celebrating thanksgiving in afghanistan r-r after feasting on a traditional meal the troops still up for a game of rugby. >> the nationals do care about us. they do want us to help them. we are not here uninvited and that is a large misconception i hear a lot when i'm back home. they do want us here. they want us to help them.

>> this is the first thanksgiving game that we've done, we are real excited about it. we have a lot of participation from folks who normally don't play. it's a great time. gregg: the army captain says he's thankful for the good food but he does miss his family and we are very thankful for his service and everyone there. ainsley: for more than half a century elaborate nativity scenes have decorated the city of santa monica, california. now that tradition is coming to an end after a judge upheld a ban on religious displays because of a conflict between atheists and christians. wadi natroudominique d-natali is live. >> the life size 40-booth displays were in palisades park in santa monica. they took objection to the

christian mention and erected their own unholy ones. this week a u.s. district judge rejected a motion from the santa monica nativity scenes committee, a coalition of churches erecting the display stopping them from showing the nativity scene this year. the city of santa monica was constitutionally within its right to eliminate the exemption so the display could not go up some say. but they are saying also it is a war on christmas. >> if you keep caving to this mate speech, and i'm going to tall it that for the first time. hate speech also includes the hatred of the christmas message. and there is a war on christmas, and it's sad and disturbing that only half of this country understands that.

>> reporter: william also compared the city to ponshus pilot. they say there are 12 other parks in which the display can come up and very soon the public should see a nativity return to santa monica. ainsley: thank you, dominic, happy thanksgiving. gregg: we are getting new reaction on the fragile cease-fire taking place in gaza. live on the details with that. ainsley: as the parade continues down the avenue of americas happy thanksgiving to you and your family. much more from "america's newsroom" coming up. [ male announcer ] this december, remember -- what starts with adding a friend... ♪

...could end with adding a close friend. the lexus december to remember sales event is on. this is the pursuit of perfection.

ainsley: a cease-fire between israel and hamas seems to hold. i'm filling in nor martha maccallum. gregg: i'm jair jair filling in for bill hemmer new reaction from the white house less than 24 hours after that cease-fire was put into effect and after eight days of rocket fire and bloodshed. ainsley: celebrations breaking out in gaza. hamas hailing the truth, they see it as a victory over israel. mike emanuel is live from the white house with more on this. whou are officials reacting to this so far. >> reporter: history suggests that this could unravel at any time so they are being very cautious and careful with their language, but the white house has been giving us a behind the

scenes look at recent events, including president obama and secretary of state hillary clinton in cambodia about 48 hours ago, when mr. obama told the secretary of state he was sending her to the middle east. we've also got even a look at the president aboard air force one working the phones, talking to egyptian president mohammed morsi on his flight back from cambodia with tom done lyn done donalan on. they are choosing their words carefully. >> they will improve conditions for the people of gaza, provide security for the people of israel. >> reporter: we know defense secretary leon panetta has had a conversation with his counterpart reiterating essentially the determination of the u.s. to stand side-by-side with the israelis to work together with them on israel's

safety and security. ainsley: are white house officials now able to turn their attention to some more traditional matters? >> reporter: they are. the president of course could have a phone call or two if foreign leaders if they are warranted. for now we saw the president and the first family going to the washington area capitol food bank to handout meals to young people, and also the elderly. more traditional activities for the first family. they were joined by the oregon state basketball team which is coached by the first lady's brother greg robinson. the president says thanksgiving is a chance to put it all in perspective, that despite our differences we always will be first and foremost americans. ainsley: great message on thanksgiving day. mike emanuel. gregg: a major development in congress' fight to avoid a fiscal cliff as house speaker john boehner says there may be no way to avoid the oncoming tax

increases and spending cuts if the president isn't willing to put his signature program, the healthcare law, on the chopping block. what does that really mean? byron york is chief political correspondent at the washington examiner and a fox news contributor. byron i want you to explain this. i mean, look, obamacare passed the u.s. supreme court and obviously it's not going to be overturned by executive fiat by a president mitt romney. so that leaves a third approach and here what john boehner rights, congress has a constitutional responsibility to conduct thorough oversight of the executive branch and congressional oversight will play a critical role in appealing obama care going forward. how in the world does that happen? >> well, it's not going to play a role in p repealing

obamacare. this is a little bit of a surprise from bean bone, he said right after the election i guess that settles it, that makes it the law of the land. what the white house will say, obamacare was passed by congress, signed by congress, upheld by the supreme court. if you want to repeal it you can forget about it. the republicans will say these fiscal cliff talks are discussing all sorts of spending that was passed into law by congress and signed by the president and they've got to make some changes to avoid the -- you know the fiscal disaster that is headed our way. but i think the chances of republicans actually making any significant changes in obamacare in these talks are almost zero. gregg: yeah, look, it was an often debated line, mitt romney and others claiming that $716 billion was essentially taken or stolen from medicare to pay for obamacare. we do know that hospitals are arguably going to have

247 billion less to care for the same number of seniors than if the law had not passed. so purse strings, is that a way that congress can somehow attack obamacare? >> well, john boehner was talking about whatever powers congress has to change obamacare, and you're absolutely right spending is part of that. and also, you know, the big parts of obamacare aren't in effect yet, the mandate, the insurance exchanges, all of these things that make up the heart, the expansion of medicaid that make up the heart of obamacare are not here yet. congress will be keeping a very close eye on those and will probably try to make changes as we go along. gregg: gregg: there is a growing body of evidence in one study in particular that says up to 80% of americans that are eligible for obama care have no idea what is going on. could that jeopardize a system

that depends on having many people involved? >> yeah, well some of the test programs, for example in high-risk pools have already encountered problems with not enough people signing up i. think a bigger thing is, you know, the president campaigned for obamacare by repeatedly saying, if you like your health insurance coverage, you can keep it. and we have some evidence from big companies, from other providers of insurance that they are going to change their policies when obamacare actually goes into effect, and there are exchanges at which they can direct employees to go buy their own insurance, perhaps with a federal subsidy. there are going to be enormous changes. congress will be closely watching, this is republicanses as well as democrats watching public opinion on how this thing works out in 2014 and you could see changes in it. gregg: the well respected management company, mckenzie came out with a report saying as many as a third of employers are now considering canceling

coverage, which of course would bee light president's argument that if you like your coverage you get to kaoeupt. lower enrollment, if it happens that a lot of people just don't sign up for this thing, could that lead to higher premiums when the president promised lower premiums? >> well the president did promise lower premiums, and premiums have been going up since obamacare was passed. obviously the whole thing is not in effect yet. but -- this is something republicans have been saying all along, will it strengthen their argument? we'll have to see. they still are a minority party in the senate and they do not control the white house. i should say one of the places republicans are hoping to affect obamacare is in the states. at the recent republican governor's conference in las vegas they seemed to rile lies i a light bulb went off in their head and they said wait a minute, governors control 30 offices. if they don't set up the exchanges the feds will have to do it. it depends on the states too

expand medicaid and the supreme court ruling gave the states the right to opt out of that. i think you'll see republican governors slowing down the process of implementing obamacare. gregg: not as easy as it originally sounded when proposed. byron york, good to see you. >> thank you, gregg. ainsley: happy thanksgiving to you and your family from all of us here at the fox news channel. take a look at this. this is the 86th annual macy's thanksgiving day parade. >> is that spidy. ainsley: that is spidy. beyond him pok pokey-man. and this is the afternoon of the america's. gregg: also known as fox news oven. ainsley: coming down 6th afternoon and heading to macy's where the parade would head. this is really cool nor us growing up watching the parade and now we're reporting on it and now it's coming down here in

front of this building. gregg: it's always in a different location heading down towards macy's. they chose 6th avenue for a change because it's wider, bigger, easier for all of the balloons to come on down. it's kind of nice. ainsley: perfect for us. we like it. gregg: a beautiful day. ainsley: note as much wind, that allows the floats to go up a little bit higher. as soon as the parade is over and the turkey is eat even and your husband is asleep on the sofa and you're cleaning the dishes millions of americans are going to hit the roads and skies to head on home. more than 43 million folks traveling for the holiday. of that number nearly 40 million are doing so by car, 3 million or so by air and some even by train, check out this scene, this is outside of penn station in new york city. thousands stranded because of a computer glitch with the rail. the service was eventually restored so those folks were able to get home to their families. gregg: as celebrations are breaking out people are asking what is next in the middle

east. will the fighting start again soon? ainsley: plus an arrest in a possible serial killer case in new york. what we're learning today about the accused gunman. gregg: and take a look at this. this model wins a lawsuit against her former employer, and she says, "the price is right" now, didn't want to go become to work, her employers didn't want her to go become to work, she did. we'll tell you about that.

♪ ♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operation.

♪ when emerson takes up the challenge, "it's never been done before" simply bemes consider it solved. emerson. ♪

gregg: the cease-fire in the middle east coming after secretary of state hillary clinton's meeting with egyptian president mohammed more see. he is leading the new islamist government in cairo. the israel-hamas conflict is one of his first big tests on the world stage. steve harrigan is live in cairo with more. has egypt's role as mediator changed the perception that that country's first islamist leader mohammed morsi was having in. >> gregg, it's pretty rare in this conflict for someone to receive praise from all sides. that's what is happening for now with egypt's president more ham eud morsi receiving high marks for his role as mediator from hamas, from israel. he's a longtime member of the muslim brotherhood an open

sympathizer of hamas, which we consider to be a terrorist group. they are siting his role as one as pragmatic leadership. gregg: what is going to make this cease-fire hold. >> i think in the short term it's going to be border management. they have to troel their border with gaza. being able at the same time letting more people and goods in and out and to keep weapons out of qaddhafi a. that will be the real concern, whether they are able to pull that off. in the longer term it's a real balancing act for mr. morsi. here on the streets he has a population strongly in support of the palestinians but he's got to keep the peace. to keep the peace he's going to get western investments and see this economy going. we are seeing evidence of that balancing act behind me off in the distance, a small crowd of protestors teargassed a few

moments ago and we could expect larger numbers on the streets tomorrow, gregg. gregg: thanks very much. ainsley: what does the cease-fire mean? what does the end game mean in the middle east. jonathan sanzer the founder of defense for democracy and the author of hamas vs. fatah, the struggle for palestine. happy thanksgiving to you. >> thank you. happy tkpapbghappen happy thanksgiving. >> i think the israelis and hamas are both claiming victory. the israelis got what they were looking for long range rockets smuggled in see a sudan. they took out all the rockets. for hamas 4 they were able to fire rockets into the israeli

heartland. i don't think they will be able to do it to the extent of this last conflict. the bottom line is they will try to open up their border with egypt. i think that's what they will try to negotiate as a result of the cease-fire. ainsley: let's talk about the election there, in two months benjamin netanyahu the prime minister will be either reelected or out of office and his opponents are criticizing saying quote, don't settle with ter terrorism, you should defeat it meaning he didn't win in this conflict over there. how do you think this will help or hurt benjamin netanyahu this the election. >> i think there will always be criticism for the right against mr. benjamin netanyahu. i fully expect him to win the election in january. he may have lost a little bit of the support that he thought he might have had from the right. bottom line is he achieved his objectives. i think part of the job is messaging in israel. they will never be able to stop the rockets entirely as long as hamas remains in gaza.

it's either a full scale ground war that would have wiped out hamas which would have taken months and probably a lot of blood and treasure or takeout the long range rockets which he did and i think he accomplished that pheugts, now they are back to being able to manage to conflict where short range rockets fire on israel south. the israelis living in the so it will be very happy on that and the israeli right will be very unhappy about that. i think this is the manageable place where the israelis are hoping to keep this conflict for now. ainsley: hopefully it's peace in the middle east forever but we'll have to see about that. thank you. gregg: the obama administration announcing new rules now that the healthcare law is beginning to kick in, but many americans don't even know what to expect. so we'll look at what is on tap and what it means for you and your doctor. ainsley: a business gets shot down in its attempt to opt out of the law for religious reasons, but the fight is far from over. we'll explain. hey! did you know that honey nut cheerios

has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

playing sports is just my whole life. what's the rush? looking back, if it wasn't for shriners hospital, things would just be really, really different. i lost my leg when i was a kid. there was a time when i felt like i wasn't going to be able to walk again... it was a pretty bad accident but shriners showed me who i could be again. they turned my whole life around. they call it 'love to the rescue' and it really works. hunter's life is one of nearly a million changed by donations from people like you. send your love to the rescue. donate to shriners hospitals for children today.

ainsley: police in new york city making an arrest in the possible serial killer case. 63ear-old salva to*er peron is a taoused of shooting and killing three brooklyn shop keepers in cold blood. officers recovered the rifle used in the killings inside a duffle bag which he was caught carrying on surveillance video near one of the crime scenes, a bag that looks very familiar to neighbors? we've seen him carry that duffle bag around. the way down thewalk from up street with the big black duffle bag and then he would go and unlock the gate, and then he would just go into that house. >> well in addition to the rifle and the duffle bag officers

recovered ammunition and a kitchen knife with dried blood on it. gregg: well, as we mentioned at the top of the hour the obama administration issuing these new rules this week requiring insurance companies to cover people with preexisting medical conditions, just one of the big changes from the healthcare law now going into effect, but actually you've got to dig really deep here, look at these new regs, it could affect coverage for millions of americans. that's what we're going to do with dr. marc siegl. professor of medicine at langone medical center. great to see you as always. some of these new regulations define essential health benefits. what is that. >> reporter: basically as you said in the set up to this it's not going to allow you to be excluded for pre-exist hing conditions. there's two parts to that, though. first of all insurance companies are going to have to provide coverage for you no matter what, but the other side of this is they can't automatically raise

your premiums by a lot if you have a more chronic illness, if you're older, if you are female versus male, if you're a smoker. the most they could raise your premiums if you're over, let's say over 60 years old versus 20 years old is three times the premium. in most cases premiums will have to be the same. in new york state where we have a road map for this since 1993 it means the highest premiums. we pay the highest premiums in new york say the over $6,000 for individuals, over $13,000 per family, twice the national average. we are getting bells and whistles here but you're going to have to pay for them. there is no way to keep premiums down if you're not only going to cover preexisting conditions, which is very popular but do it in a way where you don't pay more if you're sicker. gregg: are employers going to kick their workers off programs and put them onto the government exchanges? >> reporter: i'm concerned about that. i think that employers of over

50 employees may in many cases decide to pay the penalty. there is a positive thing going on here with the regulations that i want to mention which is employers are being allowed a greater incentive for employees losing weight, lowering blood pressure, lore erring cholesterol and stopping smoking. you can get up to a 50% reduction in the cost of your premium if you stop smoking. i really like that, but that again is money that will have to come in terms of federal subsidies out of the taxpayers' pockets. gregg: what about limiting deductibles? >> reporter: i have concern about that too the regulations say the most you can charge in deductibles in a regular policy for an individual is up to $2,000, $4,000 per family. i have always get that deductibles is a good thing if you're healthy. you know why? the worried well are less likely to opl to see me if they are hit with a deductible that they have to payout of pocket. paying out-of-pocket is a disincentive for over use of insurance.

obamacare decreases that incentive. they say we don't want people to have to payout of pocket. around the world in countries that have universal health coverage where people payout of pocket they over use insurance less. i think that is a bad thing. if you're really sick you shouldn't have to pay that deductible, granted, if but if you're well i'd like that deductible to stop you from over using insurance. gregg: there is still going to be according to the congressional budget office, nonpartisan almost 20 million americans who will obamacare notwithstanding remain uninsured. does that mean that the entire goal of covering all americans with insurance will be unmet? >> reporter: i wouldn't say the entire goal but i'd say a large part of the goal will be unmet. again, the other thing that is concerning here is that everybody is going to get this com comprehensive type of insurance they may not need. one of the ways obamacare needs is by getting your 21-year-old to sign up for something that

they may not need, they may not need all these bells and whistles, it's really better for someone who is a sick diabetic or with heart disease. and not only will the 20 million not be met, we are not covering illegal aliens. gregg: the government has to reimburse some of it as well, so it goes on and on. all right dr. mark sealing happy thanksgiving. thanks for dropping by. >> reporter: happy thanksgiving to you. ainsley: we are learning more about the administration's message after four americans were killed in libya. susan rice directly addressing republicans who are questioning where she got her info. >> i have great respect for senator mccain and his service to our country, i always have, and i always will. i do think that some of the statements he's made about me have been unfounded, but i look forward to having the opportunity at the appropriate time to discuss all of this with him. ainsley: and we will discuss what it means for the investigation, and who could be punished as more details are

coming out. gregg: a live look at macy's famous thanksgiving day parade just outside our building happening right now. chief meteorologist rick weymouth has your thanksgiving forecast next. ♪

i wish my patits could see what i see. ♪ that over time, having high cholesterol and any of thesrisk factors can put them at increased risk for plaque buildup in their arteries. so it's even more important to lower their cholesterol, and that's why, when diet and exercise alone aren't enough,

i prescribe crestor. in a clinical trial versus lipitor, crestor got more high-risk patients' bad cholesterol to a goal of under 100. [ female announcer ] crestor is not right for everyone. like people with liver disease or women who are nursing, pregnant or may become pregnant. tell your doctor about other medicines you're taking. call your doctor rht away if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. these could be signs of rare but serious sideeffects. ♪ is your cholesterol at goal? alk to your doctor aut crestor. [ female announcer ] if you can't afford your medication, astrazeneca may be able to help.

martha: u.s. ambassador susan rice is defending her response to the four americans in libya

by throwing their community under the bus and send information she received was preliminary. there are questions as to whether the people who gave it to her should be punished now. when discussing the attacks against our facilities and benghazi, i relied solely and squarely on the information provided to me by the intelligence community. i made clear that the information was luminary. and that our investigations will give us the definitive answers. everyone, particularly the intelligence committee, has worked in good faith to provide the best assessment based on information available. martha: we have a former cia officer and international affairs. peter, thank you for being with us. can she blame intel for this? >> well, they are going to throw someone under the bus. there is going to be a scapegoat, and it is likely to be the director of national

intelligence. it seems from what we've heard that he is changing his story about how this came about. we heard a while back in initial talks with congress behind closed doors that they didn't know how these talking points had been changed and al qaeda and terrorist attacks have been taken out of it. just a day or so ago, it may have been the director of national intelligence james clapper, or someone on his staff. congress has a lot of work to do to get us answers. two months after this tragic event. martha: james clapper testified last week and he said he is unaware of who changed the talking points. he said that he will find out and changes were made outside of the intelligence committee. so how can he be blamed if he is saying that and testifying, saying that he didn't change anything? >> i do not know. i am so confused. the american people are confused. that is very troubling. congress has the ability to talk to these individuals where the

truth should be revealed. there may be reagan's that they don't until certain things because of intelligence sources there's no reason they can't tell the chairman of the intelligence committee in the house and senate. this is very troubling, the american people deserve better. we need answers about this and the credibility of the national security establishment on these issues and the people who run that are in question here. they have to be straightforward with the american people. if they can't tell us everything because of the classification come and they need to be straightforward with congress. i just don't see it happening so far. martha: some of my friends are saying that they will get to the bottom of this and we will find the answers. we will find out who changed these talking points. do you believe that's true? if so, how will we find those answers? >> congress will get into it. we are in the thanksgiving break. i know they are going to dig into it and want to talk about

these things. there is a possibility that president obama will nominate secretary rice. she is obviously caught up in the spirit we may get to the bottom of this thing. we may see resignations towards the end of the year. once again, the mistakes have been made no doubt in my mind. but you have to own up to those mistakes. the government needs to be accountable to the people it serves. martha: was there some sort of bargaining tool here with the president and susan rice? was she saying that i will put you in front of the camera and microphone and you take responsibility for these talking points? or get blamed for a lot of them? and then i will put you in hillary clinton's position as she does resign? >> that is a great conspiracy theory. but i just don't know. my sense of the matter is that she is going to be the president's choice to take president clinton's slot. the united nations had nothing to do with this.

it would've been a better choice to go out on the sunday shows and maybe the secretary of defense or the secretary of state or the director of national intelligence, a very odd choice in my decision. i do believe it was her responsibility to know the origins of these talking points. i think that should've been something she should have been asking questions about. martha: you can go in front of a microphone and say whatever is on the paper without taking responsibility. let me ask you about the administration. do you think that they wanted this way? you think they want the patriots scandal to happen? confusion among americans? they are blaming james clapper and susan rice. >> the bottom line is they feel they can deal with us now but they didn't want it to happen before the election.

now i think they feel somewhat insulated because it's after the election and that's the shame of the thing speech you now the president is saying don't blame susan rice, blame me. make it so much, peter brookes. happy thanksgiving. >> same to you. bill: it never gets old. there is a big party going on outside of our studios. streets of new york, the thanksgiving day parade is marching through manhattan. it is a gorgeous day outside. for everyone lining the streets, millions of americans are heading out to see their families today. turning to our meteorologist at the fox news center, who earlier was hanging out with a lot of celebrities, including kareem abdul-jabbar.

>> is the tallest person i've ever met. bill: you are not a sure person either. >> it was an honor to talk to him. what a great guy. it's not a bad weekend. today is not bad, tomorrow, it is 52 degrees in chicago, 52 degrees in minneapolis. get ready, it's about to change. there is a cold front moving through. if you look at the satellite radio picture, almost all of the country looking clear. we have a little bit of light rain. into the northern plains, this is going to be the weather that we have here. starting out with rain and snow

on the backend of this, colder air, we can see the temperatures drop about 30 degrees. taking a look at what happens, this is the future radar. i'm going to back up, no cities on the screen, you can see what happens throughout the rest of the day. the little bit of rain that develops overnight tonight across the southern plains, there is not a lot of moisture with the system. in general, all the way through tomorrow, we are talking about dry conditions. airports, if you're flying back, we are looking fine. 28 degrees in minneapolis tomorrow for a high. right now you're at 52 degrees. it shows you how much cooler the areas. by saturday, down towards the south. getting to 51 degrees in atlanta. for saturday, 62 degrees in new orleans. you know, we are almost at the end of november. certainly where we are getting seasonal weather. really great news for some people after hurricane sandy.

>> greg, have you ever been steadily we met. >> oh, yes. they are trying to ban eating. amy is live in london bureau. amy are going to have to explain this. >> yes, being told to watch what you eat while in rome is counterintuitive. people go to italy to look at the monuments but also to eat. there is a new law and the mayor of rome has put thct

and said that it's really all about respect. it's about having a little sense, as he put it, of urban decorum. some people have said that rome has fallen to a level of unsustainable bulverde. when you go to the monuments in rome, you just can't put around lingering over it this order a gelato or an italian sandwich order you'll risk giving a fine anywhere from $35 to $650. again, this is just to keep all of the monuments clean. it is a new law and has not been without controversy. it has surprised a lot of people. while there are lots of restaurants, people have been saying that i would like to sit down and have a nice lunch and restaurant. but i can't afford it.

i am walking and enjoying the monuments while i'm eating a pizza. new law in effect and i think it is a work in progress speech you are those laws really going to reinforce? >> yes, there is even a flash mob of people. frankly, the roman authorities want to keep the eternal city with tourists. italy is a tourist place. at this point, we are seeing people wanting others. if you are having ice cream or whatever, many don't think about laying out a picnic speed to keep that in mind. hoping to go back.

>> i am sure there is some silver lining in this. i think i gained at least five or 10 pounds with all that food. you know,. >> but we were walking and eating the food. martha: all right, happy thanksgiving to you. greg: you are very thin and i wouldn't worry about your weight. a u.s. business losing its battle for now. over the president's health care plan. after asking to opt out of covering birth control for religious reasons. but guess what? this fight is far from over and we will have a fair and balanced debate with their lawyers coming up next. martha: and "the price is right" for this former model on the popular game show. her workplace discriminationomeo lawsuit and her multimillion dollar win is three minutes com. away.

it's amazing what soup can do. can get you a great deal on the items you want? i don't know! let's go see. vizio 60" smart led for $688. that's a $310 savings. that is amazing! the first and only place to shop this black friday. savings start at 8pm thursday, more electronics at 10pm. walmart.

martha: a former price is right model robin cochran, she was awarded a multimillion dollar lawsuit. she said she was rejected by producers when she tried to return from maternity leave. producers vowed to repeal. greg: big american retailers are in a battle over obamacare over

hobby lobby. they are appealing a federal judge's opinion denying a request to block the arts and crafts chain's rules we meet rules that they provide abortion pills in health care coverage. jordan seidler joins us. and we also have judge mcelroy, a federal prosecutor with us. they object to these warning after and birth control pills, a christian owned company. they say that this is abortion does. it is considered an abortion type of bill. but they said that the drugs do not cause abortions and the u.s. therefore has a compelling interest. is he wrong on both of those? >> i think he's wrong on both. the first amendment here, we

talk about freedom of religion in these issues and we have to look at the freedom restoration act which requires a much the higher burden for the federal government to prove in court. they are making exceptions for some and not others. why are they challenging it here. it is about the morning after, the week after pill, if you look at these cases before, even in states that have these mandates, they did not have to comply. they were already exempted. if you look at the scrutiny like citizens united, which have said that not only individuals but corporations have first amendment rights. there is an argument to say that they have these free exercise of religion. greg: to that point, the federal judge said that i realize religious organizations do have

some constitutional privileges and protections from forcing the coverage for birth control devices and so forth. but he said it that hobby lobby, you are not a religious organization. well, they are a religious owned organization. even if they are not a religious organization. that doesn't mean the first amendment rights are any less infringed upon by obamacare. martha: if you have religious beliefs that make you feel that

you don't want to abide by his rulings, and also by the obamacare requirements, what do you do? greg: this is going to go to the supreme court at this point? >> there are 40 active cases right now. three judges have said that private companies in three different circuit towards -- the federal courts appealed and have said that these companies do have the ability to challenge this. it is unconstitutional. they have gone the preliminary injunctions they asked for. the first one is the one to deny the injunction. we are not even through the religious organizations and that will begin when it goes into effect. greg: congress could carve out an exception, couldn't they? >> they could. there is a bill pending right now that gives people the ability to file the affidavit. especially if they are conscientious of the compliance of obamacare.

greg: happy thanksgiving to you both. thank you for being here. >> thank you. >> thank you so much. martha: at a major protest forcing closures and travel near one of the busiest airports in america. greg: this soldier made it home just in time for thanksgiving. but it is what happens next with this couple is truly thankful for 4g lte is the fastest.

so, which supeast 4g lte service would yochoose, based on this chart ? don't rush into it, i'm not looking for the fastest answer. obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ? it's pretty clear. still sticking with verizon. verizon. more 4g lte coverage than all other networks combined.

martha: a family reunited at the airport. if that's not enough to warm your heart, we have the story. he met she had no idea that he was here. >> getting this engagement ready for wednesday was no easy task. the soldier private ordered it while in afghanistan. >> the soon-to-be fiancée had no clue what was going to happen. >> bolanos plane just landed. his mother went back to get the ring. she thinks that we are doing a thanksgiving story. but everyone knows that he's going to be proposing to her.

[applause] chair mat after a long embrace, the soldier popped the question. we were told early on, samantha is training to be a sign language interpreter. he signed, will you marry me, and she said yes. and just to make sure, he did it again. he wanted the proposal to be special. >> i taught myself how to sign the words will you marry me. i knew that she knew what i was saying. what did you think about that? >> it was adorable. >> i'm so happy. >> let's take a look at the rain. >> beautiful. martha: isn't that sweet?

greg: you cannot beat a good love story. you can't beat a good turkey story, too. we will tell you that right now. this turkey is turning heads in wisconsin. he is mingling with humans instead of his own kind. they are calling this turkey an interesting site. >> he started keeping pace with me. >> crossing intersections, blocking traffic, it is very kind of humorous. >> he doesn't seem to have any fear at all. one of these days, someone is going to pick it up for a thanksgiving turkey roast. greg: wildlife activists say he is probably bonding. perhaps he started identifying

with people as a hatchling. martha: they need to give him a name like travis the turkey. >> he's probably saving his own life there. unions urge workers across the country to give up their black friday walkout. we will have the latest on the stand up and how it can affect holiday shopping nationwide coming up next.

greg: the truth is holding on the first day of the cease-fire between israel and hamas. but will it pave the way for a new era in the middle east. we are live in gaza where the airstrikes are over for now after the worst border fighting in years. welcome to a brand-new hour of "america's newsroom." i am gregg jarrett. martha: colin powell is live in jerusalem now. he is the cease-fire holding this our? >> we are 21 hours into this and much of this applies to everyone in the region.

it is extremely tense in the region, but the piece is holding. signs that life is getting back to normal. as you said, there are rockets, the rockets are no longer leaving that area into southern israel and the jets are no longer flying over gaza. markets are beginning to reopen and in southern israel, life is beginning to get back to normal after more than a week of continuous barrage of rockets. many of the 40 israeli troops, they are now beginning to go back to society. they are part of this resort of an military contingent that was possibly going to go into the gaza strip. they are now being removed from the border with gaza. life is getting back to normal, but it is still a very fragile thing here.

gregg: in deed. now that things have calmed down, what seems to be the reaction. >> the israelis believe that they are doing conflictive damage to hamas and their leadership. but hamas and palestinians in gaza took to the streets today, celebrating in a way that appeared to show that they really did win this. about a week long or civil war. part of the cease-fire agreement, israel will begin to ease the blockade of gaza. it will not happen over the next few days, but over the next few weeks on the border of restrictions will begin for

hamas, that is a big victory. both sides are claiming victory. what will happen over the next few months, there is still a lot of tension between the two sides. either side trusts each other, but the cease-fire is a big step in the right direction for peace. gregg: conner, thank you so much. this is far from the first cease-fire in the region. since 1993, there have been a more in more than a dozen truces. the last one was in 2009. it can only be described as uneasy at best. hamas fired a rocket towards southern israel. ainsley: calls for the israeli blockade on the gaza strip. now, crossing with egypt, the border just opened. israel and the palestinians set to negotiate a deal that could

and rocket fire on israel and open the borders of the blockade of palestinian territory. those talks are set to begin soon. gregg: mohammed morsi played a key role in brokering a truce in gaza. calling for a holy war, to liberate palestinians. they call it a game of grand deception, explaining there have been enough negotiations and that if the enemy knows nothing about the language being used. ainsley: susan rice speaking out about her remarks about the consulate attacked in libya.

jennifer griffin is live in washington. what is the latest from ambassador rice today? >> well, she's not spain specifically who gave the talking points. but she presented her initial statements on an anti-islam youtube video. she said that it sparked a riot. she said that the information and talking points were given to her by the intelligence agency. david petraeus said last friday that the intelligence community knew almost immediately that it was a terrorist attack that had little to do with the video, even though he told lawmakers on september 14 that a video had sparked the attack. >> when discussing the attacks against our facilities and then bobby, i rely solely and squarely on the information provided to me by the intelligence community. i made clear that the information was ordinary. and that our investigations will give us the definitive answers.

ainsley: senator john mccain and others would like to offer to return to capitol hill to explain why he told them that they did not know who change the intelligence talking points. shawn turner said it was james clapper's own agency. ainsley: why are we just hearing about this? the eve of thanksgiving. it is increasingly clear that the president wants to nominate her to be the next secretary of state, despite opposition from people like john mccain. >> i have great respect for senator mccain and his service to our country and i always have and always will. i do think that some of the statements that were made have been unfounded but i look forward to having the opportunity to discuss all of this with them. >> meanwhile, any attempt to hold the perpetrators accountable has been stalled.

gunmen who freely admit being at the consulate at night walked free and ben dossey. yesterday, the national security personnel and ben dossey, he was killed when returning home from work. he may have had information on the four americans. ainsley: we have so much to be thankful today, including your health. gregg: as we countdown to one of the busiest shopping days of the year, thousands of wal-mart employees are preparing to make good on their promise about black friday blackouts. threatening to walk off the job and take part in dozens of protests around the country. james rosen has been tracking this story. what are the workers protesting? what is wal-mart's response to a? >> the statements we received from the united food and commercial workers and from the group that technically organize

these protests, they focus on health benefits and salary structures and working hours. complaints against wal-mart are not new, nor is the response from the giant retailer in essence, working at wal-mart is a big deal. wal-mart is filing a claim of unfair labor practices against the u.s. tw with the national labor relations board. charging that the union is mounting a stealth effort at unionizing wal-mart workers. in violation with the rules that require a formal petition for union elections after 30 days of protests. >> historically, wal-mart is viewed as a place where employees exploited, locate, long working hours, no job

security. >> we will have more than a million associates working that day. we have been walking and talking to associates. we don't think that a union will have any impact whatsoever. gregg: international relations labor relations board rejects wal-mart, it is unclear how much of the 1.4 million workers will walk the picket line. >> i understand we are expecting a ruling any minute. you have any idea how that might go? >> basic math here does not bode well for wal-mart. the nlrb is comprised of four board members. three democrats and one republican. they were placed by president obama by recess appointments. a practice that both parties have utilized. right now, various legal

challenges have been filed against them, questioning the validity of the rulings handed down by the appointees. as you say, we are expecting a ruling and a rare thanksgiving day ruling and it will decide whether there will be an injunction against them. gregg: and they are pre-appointed by president obama, and they have a history of being prounion, which is already under investigation. accused of ethical violations related to wal-mart and the plot thickens on that one as well. james, thank you very much. >> thank you, ainsley earhardt. ainsley: the israel fallout and how long will the peace hold. gregg: the fiscal cliff hanger on capitol hill. were that part of this to avert the crisis will hurt cherries. ainsley: and a 60 year tradition may not be over yet after a judge blocked a nativity display in a public park.

what some church groups are doing now. >> it was something that i grew up knowing. i think it's kind of sad. >> i'm going to make sure that i get the permits next year. among them and come down here and build my christmas village down here

is what drives us to broadcast the world's biggest events in 3d, or live to your seat high above the atlantic ocean. it's what drives us to create eco-friendly race tracks, batteries that power tomorrow's cars, nearlyndestructible laptops, and the sustainable smart towns of the future. at panasonic, we're driven to make what matters most better. just another way we're engineering a better world for you.

[ male announcer ] it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to make changes. but it never hurts to see if you can find better coverage, save money, or both. and check out the preventive benefits you get after the health care law. ♪ open enrollment ends dember 7th. so now's the time. visit care.gov or call 1-800-medicare. >> it is much nicer for my kids.

i think that it doesn't solve anything. and i hope that the government and hamas learns. >> today, maybe they won't fire. tomorrow, maybe not. but next year or next week or next month, it will come eventually. gregg: the cease-fire is taking hold in gaza so far. where the israeli prime minister, benjamin netanyahu, made made it clear that if his truce is violated, israel is ready to act. both sides claiming victory. hamas is claiming that it is now changing the rules of the game. joining us is ambassador gold. the president of the jerusalem

senator. ambassador, always great to talk to you. what about these claims coming from cairo and hamas. did israel really give up anything here in this deal? did israel really give up anything here in this deal? >> no, they did not. i think what has happened is that there has been a decision to escalate this to november 13. the hamas viewed antitank missiles that they got from the iranians the reason they did that is because that hamas calculated that with the rise of islamic regime, they could

attack israel and get broad support by these governments. when they attacked israel, israel responded. the governments did not intervene on the side of hamas. that is a major miscalculation on their side and hopefully they will understand not to hurl rockets at israeli cities. gregg: the institute forit are tedious studies in tel aviv says this. we will put it up on the screen for the viewers. eventually it will collapse like every cease-fire. how long will it take for that to happen? a few months or years? the question is do they get them to deter from complying from the cease-fire -- we don't know yet. >> if you write about that, in the end, it turns out to be an endless cycle of escalations and backing off and it starts again.

>> let's understand where we are. hamas remains a dangerous terrorist organization. the muslim brotherhood in egypt still condemns israel -- it was made by these talks. but the air of regime clearly, like egypt, wants to consolidate their control of their country. the need to have economic expansion, they need to make sure that they are in control of the military and intelligence. during that period of consolidation, they will pressure hamas to ease off. that is the window of quiet that we had. the moment that that changes on the side of a country like egypt, hamas could easily slip back into rocket fire.

gregg: ambassador, the rhetoric coming from cairo, notwithstanding -- there is a valid point that mohammed morsi in egypt at large did abide by its peace agreement with israel and did, to some extent, act as a critical mediator in this eight day war, did it not? >> well, i think you're right. i think that mohammed morsi of egypt, the president, played an important role. but the muslim brotherhood still remains the muslim brotherhood. it still has seditions calling for armed struggle. while we are appreciative, we are also cautious and we hope that the adoption of a pragmatic path by the egyptians, by the current government, it will be a

permanent approach we can work together wet. but they don't slip back into the ideological frame that they were in. >> we have to make is very quick, but israel has no intention of lifting its five year old blockade? >> remember they want to get back into the gaza strip. iran. they are used to smuggling and there will be a rainy and shifts bringing weaponry in to replace everything that is destroyed. gregg: ambassador gold, thank you so much for being with us today. >> it is my pleasure. ainsley: wal-mart filed a complaint against one of the nation's lead on 10 largest labor unions. they are blaming them for massive protest that is going up at stores all over the country. the legal panel will weigh in

next be one and the family of a missing soldier is desperate for answers after a possible lead in her disappearance goals coal. a look at where investigators go from here. >> please pray for my sister. she has a 2-year-old son. [inaudible] i don't know how to explain it to my son. i just want her to come home

oh, let me guess --ou see this? more washington gridlock. no, it's worse -- look, our taxes are about to go up. not the taxes on our dividends though, right? that's a big part of our retirement. oh, no, it's dividends, too. the rate on our dividends would more than double. but we depend on our dividends to help pay our bills. we worked hard to save. well, the president and congress have got to work together to stop this dividend tax hike. before it's too late.

gregg: there it is, here comes santa claus right down santa claus lane. the first time of fifth avenue,

lining the streets, the music is filling the air. this is the 86th annual macy's thanksgiving day parade. a late start of the to the morning, but as you can see, macy's welcoming newcomers through a lineup of giant balloons this year, including elf on a shelf and papa smurf. wow, that is a big santa. it looks like he has already had a turkey or two this morning. speak to the family of a missing soldier making a desperate search for their daughter and sister's disappearance. kelly bordeaux, here is her picture, she vanished after a night out back in april. the search for the 23-year-old young girl continues today after a forensic team said that her remains were found near fort bragg. they are telling us that they

were not human remains. joining us now is the former nypd investigator and president of cmp group security. good to see this morning. >> good morning,. >> we are all celebrating and they have an empty chair around their table this thanksgiving. they want some answers. they were on fox yesterday, the sister and brother pleading for answers. there were some remains that were found. everyone hoped it would be, you know, human remains so that someone could have some closure. they found out that they were not human remains. when you make of that? >> i think that keeping it in the media is a good thing. it puts pressure on police to reevaluate. at this point in time, it is six or seven months old. you have to look at the case. someone else has to take a look at this case. police departments all over the country view this routinely. they have new investigations,

some of the things that they want to look like our what she did in the bar, who she was talking to, who she texted, every time you test order give a voice mail, the sexual offender who drove her home. you have to look at that and the text that came in 40 minutes later saying that she's home safe. >> so she disappeared from a bar at 120 in the morning. she went out with some of her friends and this guy works at a bar, her husband happened to be in florida visiting relatives. and this guy takes her home and he was questioning things and ruled out as a person of interest. how is he no longer a person of interest if they don't have any more interest about this?

>> does because they say that he is in a person of interest doesn't mean that he isn't. you have to look at everything that happened and the way she made it home. i am not sure if they did forensics, but that is the one of the things that i would be looking at. i would be looking at cell phone calls and he is definitely a person of interest in my mind because he was the last to be known or seen of her. he admits to that. >> i thought this was interesting when i was reading about this story. the girl's cell phone was on for a few hours and it was on until the battery died. she had her cell phone with her and she texted her family when she got home, saying that she was home safely. forty minutes after she left the bar. but i was thinking with the cell phones, and safety for all of us in your experience as an investigator, how can you track someone's whereabouts and if we

are in that situation, do you keep the cell phone on so that police can find you? >> there is a thing that police can do, it allows police to determine where the cell phone is. going back to your point, someone said to the family that she is home safe. we are not sure that it's her. she already could've been in trouble or hurt at that point in time. so keep your cell phone on. keep it as close to you as possible. if you can, dial 911. >> well, i hope that we can find some answers for the family on this thanksgiving day. it's great to see you, happy thanksgiving. gregg: new efforts to prevent the u.s. economy from falling off the fiscal cliff coming up next. one gop senator's proposal to

rein in all of that spending and the likelihood of congress actually adopting his plan. ainsley: plus, a thanksgiving parade is underway in new york. we will have more on the sights and sounds straight ahead. going down sixth avenue. [ female announcer ] the power to become a better investor has gone mobile.

with features like scanning a barcode to get detailed stock quotes to voice recognition. e-trade leads the way in wherever, whenever investing. download the ultimate in mobile investing apps, free, at e-trade.

gregg: well, thanksgiving is certainly a time to count our blessings and to help those less fortunate. but in the future tax changes could hurt those who do the most

to help people in real need. jim angle joins us now live in washington. jim, you've been looking into this. what are charities really worried about ear? >> reporter: well, gregg, both the president's plan to raise taxes on the wealthy and the republican willingness to raise revenues by limiting deductions could end up hurting charities because they rely on the generosity of those with money. >> high income people tend to give very generous gifts. they may give a million dollar contribution to a local hospital or local art museum. there's a small number of donors at the high end that account or for really big chunk of the charitable give anything this country. and those are the folks that would be most impacted by this tax policy change. >> reporter: now, in fact, united way gets 15% of its total income, some $500 million, from those giving $10,000 or more. gregg: well, jim, a lot of

people who give to charities do it because they think thest the right thing to do to help others. they don't always do it necessarily because they want a deduction to reduce their taxable income, right in. >> reporter: no, absolutely. those who give do it because they want to help. charities, however, are worried that a tax increase of any kind on the wealthy might mean some of that discretionary income would go to the government in the form of taxes instead of to charities as donations. after all, people have to pay their mortgages, state and local taxes and other deductible expenses. no choice there. but they don't have to give to charities. >> if they aren't taxed on that income, then they're able to give all of that income to charities and nonprofits back to their communities. if they're taxed on their gift to the charities, that's just that much less money that they're able to give to profits. >> reporter: now, republics argue against increases in taxes

for fear it'll discourage job creation. they prefer instead a limit on deductions. the easiest past, of course, would be something like a flat cap on deductions such as $50,000 maximum per family. the president has his own plan for capping deductions by elementing them to 28% even if you're in a 35% pact. but chair -- bracket. but charities are so worried about tax plans targeting the wealthy, representatives of dozens of charities from all over the country will converge on washington on december 5th to urge lawmakers to spare charities whatever they decide to do. gregg? gregg: contentious issue. thanks so much, jim. >> reporter: you bet. ainsley: so should itemized deductions or stimulus measures survive the fiscal cliff talks? at least one gop senator from alabama says no and is pushing to offset any measure. jehmu greene is a fox news contributor and former president

of wilson media center, and then we have brad blakeman, former deputy assistant to president george w. bush. happy thanksgiving. >> happy thanksgiving. indiana iowans thank you so much. brad, jeff sessions, republican, i want to hear the republican view here. he's on the budge committee, he sent this letter to these congressional leaders on tuesday saying, basically, we need to cut spending. explain what that letter said and what that means for the country. >> well, what it says is that we've got to not only rein in spending, but we also have to tackle the deficit. it's not only what we spend today, it's what with we owe tomorrow. sessions ha said we know what happened in the stimulus of 2009, $800 million was basically wasted. the president himself admitted the failure. there wasn't enough shovel-ready jobs, and not only that, it did not prevent national unemployment from being below 8%. in fact, it hasn't been below 8%

for most of his term as president. so sessions was a shot over the bow to senators and house members, don't be fooling around with the stimulus. we've got to fix spending, and we also have to tackle revenue. but it's not going to be done with you now throwing a huge stimulus that we can't afford. ainsley: jeff sessions says spending will go up. do you agree with that? >> no. and as much as i love mr. smith dose to washington, i don't think one senator should be able to buck the will of the american people. two weeks ago we had an election, and the voters spoke loud and clear. they prioritize job creation over deficit reduction. now, the reality is the two don't have to be mutually exclusive, and i think that's what we're seeing from senator schumer when he's talking about perhaps extending the payroll tax holiday which is something that would effect 160 million americans in the middle class. look, when you talk about the last stimulus package, moody's concluded in 2010 that every

dollar that was spent out of that package contributed $1.44 back to the economy. that's not a failure, that's a success. >> it is a failure when we -- >> we don't have a weak economy. we need to continue to focus on the weak economy, and aggressive deficit reduction is not going to help. ainsley: brad, what was your response? >> look, this is another payoff to the unions just like in 2009 for supporting the president. the president does not have a mandate from the american people, far from it. he got nine million less votes than he got the last time. if anything, this is a huge do over for all parties. [laughter] now, while the american people may have said you've got the status quo, they don't expect the status quo, and they want reduction in spending and, yes, they do want some increase in revenues, and that's where where should be at. >> brad, i'm not sure who you're talking about because when you look at what the voters said their priority was, job creation

was their top priority. a very small percentage of them said that deficit reduction was their priority. >> but the stimulus doesn't provide the kind of stimulus that you think it does. we've been there, done that. >> we need to be looking at how different parts of a stimulus package actually does stimulate the economy, and it did the fist time around. that's something to be thankful for. ainsley: jeff knew, do you. >> it was an abysmal failure. of. [laughter] ainsley: you're saying it's more important to create jobs than to focus on the deficit, but how can you create jobs when small businesses are losing these tax cuts, and they can't hire anyone? >> i'm saying they don't have to be mutually exclusive. you can have a long-term deficit reduction plan, ten years or so, but in the first couple of years it focuses on stimulating the economy and to make sure where we are -- yes, we are in a weak economy right now, and we do need to see ways of infrastructure spending that, my

goodness, look at the devastation after hurricane sandy and looking at the ways that our transportation infrastructure does need support, does need to be revitalized. and in the end, what does that help? it also helps job creation. see, we've got to get to a place where we can compromise, and i think that is what the voters really wanted to see, but they also wanted that compromise with more leverage in the hands of the president and his party. ainsley: brad, i'll give you the last word, can we come to agreement and compromise? >> absolutely. i think if people of goodwill come together, these tough problems will be solved t. american people were heard loud and clear, they don't expect it in deliverance of the kind of solutions that we need. but having said that, it's not the government spending our money, it's the people spending their own. and it's not us sending money to washington, it's returning to the money to the people that will create jobs. >> payroll tax holidays, they will spend that money in their communities. that will be the people spending

the money -- ainsley: we'll lee it there -- we'll leave it there, guys. thanks so much for coming in, we appreciate it. >> have a good one. >> you two. gregg: the battle other a nativity scene in a public park while a judge is now blocking the display, some church groups say they're not about to give up on the 60-year-old tradition. what they're doing live with that story. ainsley: and a race against time for walmart as the retail giant tries to stop workers from staging a protest tomorrow on black friday, one of the busiest shopping days of the entire year. our legal panel is weighing in on this next. ♪ ♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operation. ♪ when emerson takes up the challenge,

"it's never been done before" simply bemes consider it solved. emerson. ♪ you have a plan? first we're gonna check our bags for free, thanks to our explorer card. then, the united club. my motr was so wrong about you. next, we get priory boarding on our flight i booked with miles. all because of the card. and me. okay, what's the plan? plan? mm-hmm. we're on vacation. there is no plan. really? [ male announcer ] the united mileageplus explorer card. the mileage card with speci perks on united. get it and you're in.

gregg: a fox news alert, we are just hearing now that egypt's president, muhammad morsi, is issuing constitutional amendments granting himself far-reaching powers. morsi is also ordering the retrial of leaders from former president hosni mubarak's regime. morsi also decreed that all decisions that he has made since taking office in june are not subject to appeal in court by any other authority. pretty interesting developments, so we'll try to get some further details for you. in the meantime, the clock is ticking right now for walmart as the world's largest retailer has just hours to stop its workers from walking off the job and staging protests on black friday. one of the biggest shopping days

of the entire year. walmart taking legal action, filing a complaint with the nlrb, the national labor relations board, claiming unfair labor practices. workers at the retail giant say it's walmart's fault that they're being unfair to the workers, and some shoppers seem the back them. >> today deserve more, and i believe walmart should pay us more. >> walmart has a right to make money, but today shouldn't do that in an unjust fashion. they should make sure that their employees are paid fairly and justly and don't live on the edge of desperation. gregg: joining us now, joey jackson and arthur aidala. good to see you both. >> good to see you, gregg. gregg: let me start with you. look, there's no question but america has a long and distinguished history of allowing people to voice their protests, their concerns, their objections. but that is not an unfettered

first amendment right, is it? >> absolutely not, and probably the most recent example of that would be the occupy wall street movement. you're allowed to voice your opinion, you're allowed to say i don't like this. you're allowed to burn the american flag as long as it's your american flag. but your rights are not superior to others, to other people's rights. and what really is of a concern to me from a very human point of view is they're concerned tomorrow about these flash mobs, about people rushing the gates, rushing the doors. people died last year and the year before on black friday because of shoppers doing this. gregg: right. >> now you're going to have workers getting involved in this type of behavior? in the words of joey jackson, that's reprehensible and cannot be tolerated! [laughter] gregg: joey, there's a law that says you can't picket for more than 30 days. in fact, a letter from the employees of walmart. over the past year ufcw has

orchestrated numerous pickets, mass demonstrations, flash mobs, other confrontational activities inside and outside walmart. these have caused disruptions to business, created an uncomfortable environment, undue stress on customers, families and children. >> all right. well, here's the problem. the problem is that we have this constitution in this country. you remember that, arthur, you're friends with all those justices on the supreme court. and that constitution gives people the right -- we may not like what they say, we may not like what they do, but certainly our democracy is founded in discord. it's founded in all of us being able to express ousts. gregg: they're breaking the 30-day rule. >> let me explain why they're not. it says if you're picketing for 30 days, you cannot do so unless you allow the workers to have a chance to say whether they want to be on unionized or not, righ? gregg: they've turned it down. >> here's the problem, gregg,

that only applies to recognitional picketing, if you're picketing to be recognized as a union. if you're picketing for other purposes, they are picketing for purposes of retaliation. today want more wages, they want the right the to support their families -- >> i am going to agree with everything you just said s and tomorrow at 9 a.m. or 8 a.m., there's mrs. mcgillicuddy, and she's heading to walmart. do you think she gives a -- >> be nice. >> about why they're picketing, or does she want to go in and buy her husband a tie and a shirt? >> i say ms. mcgillicuddy has raised children who share values, and those values are that they should be able to support their families, they should be able to have health care, they should be able to have schedules that allow them to accommodate their children, right? >> nobody's saying they shouldn't. and no one's saying they shouldn't voice their pay, but

like when you're in the courtroom, there are rules, there are laws. gregg has articulated the rules, the law's 30 days. you can do it a certain way in a certain place in a certain manner. not to trample on everyone's's rights. >> the rule you're referring to only says if it's for representational picketing. they are expressing tear views in regards to the organization of that company. allow them to do so, that is what our democracy -- >> yeah, joey jackson, the new jimmy hoffa, ladies and gentlemen! gregg: let me squeeze a question if here. isn't joey, in the true form of a lawyer, drawing a difference without a distinction? >> it's a very fine line. look, that's what lawyers do, right? what judges do. supreme court decisions are on the blade of a knife, and the justices will tell you that. so he is arguing it correctly from a lawyer point of view, i'm arguing for the people, and the people don't want to see that tomorrow when they go shopping. >> i say the people should

unite. gregg: oh -- [inaudible conversations] >> chasing the customers away who are going to bring the money in. gregg: have you guys ever had a calm conversation? >> never. absolutely not. >> well, pillow talk sometimes. gregg: oh, i'm not going there on thanksgiving. [laughter] >> happy thanksgiving. gobble, gobble, gobble. gregg: we're awaiting the labor board's decision now. we'll see who's right or wrong. i'm guessing joey's going the win this one because that's a pro-union -- >> nice. >> joey also wins. >> happy thanksgiving, gregg. ainsley: i hope they use all that energy in the kitchen cleaning. >> i cook, i don't clean. the family has an agreement. all the cooks, everyone else cleans. ainsley: wow. good morning, and i hope you're wide awake. thanks, guys. let's check in with rick folbaum to see what's coming up on "happening now." >> reporter: you guys need a little bit more energy on your show. coming up, a breakerred

ceasefire in the middle east, a former state department adviser will join us to talk about that. a controversy new study claiming that up to a million women may have been falsely diagnosed and treated for breast cancer. all of that, happiness that giving, we'll see you in a bit.

ainsley: the war on a christmas tradition wages on in california. a federal judge no longer allowing nativity scenes in this a public park. dominic di-natale is life from los angeles, what's going on there? >> reporter: there was no room at the inn for mary and joseph 2,000 years ago, now there's no room for the nativity in santa monica any longer, it seems. this fight is going to roll on after a u.s. district court judge said no to the display

which for years has been a feature in the palisades park on the cliffs above the pacific in santa monica. the judge allowed the city to eliminate an exemption it had given churches to erect the 16 dioramas that they have on the grounds it was really the ministry of burden on the city, and they'd been damaging the park ground. now, the church coalition remains furious and says the city's effectively waging a war on christmas. >> if you keep caving to this hate speech, and i'm going to call it that for the first time, you know, hate speech also includes the hatred of the christian message. and there is a war on christmas, and it's just sad and disturbing that only half of this country understands that. >> reporter: well, william beckett got all riled up and has compared the city to pontius pilate, the roman administrator who authorized jesus'

crucifixion. the churches are allowed to display the dioramas on 12 other parks, but there'll be another hearing on this case, and the city's going to try to have it dismissed. they're not saying where the dioramas will appear or when. ainsley: thank you, and happy thanksgiving. gregg: coming up, how our troops are celebrating this important day. thanksgiving overseas. >> i'm petty officer timothy mccullough, i'd like to say happiness that giving to my wife and four beautiful children back at home along with to my relatives in massachusetts and maryland and for my mother-in-law, let's go, cowboys. i love you all, and i miss you.

ainsley: u.s. troops in afghanistan enjoying a little taste of home this thanksgiving, celebrating the day with food and football, of course, at the u.s.-led coalition base in the afghan capital. take a listen. >> this is the first thanksgiving game that we've done, so we're real excited about it. you know, we've got a lot of participation from folks that normally don't play, so, yeah, it's a great time.